Section 296-900-11010. Interim orders.

Definition:

An interim order allows an employer to vary from WISHA requirements until a permanent or temporary variance is granted.

You must:

• Request an interim order if alternate methods of protecting employees are needed while waiting for a permanent or temporary variance.

Note:	An interim order may be requested at the same time a permanent or temporary variance is requested, or anytime after that.

What to expect from WISHA:

• A review of the request for an interim order.

– If more information is needed to make a decision, WISHA may:

■ Contact the employer or others who may have the needed information.

■ Visit the workplace after contacting the employer to make arrangements.

■ Deny the request if the employer doesn't provide information needed to make a decision.

• A decision at least twenty-one calendar days from when the request was posted for employees.

– The twenty-one-day period allows employees time to request a hearing on your temporary variance renewal. See Variance hearings, WAC 296-900-11025.

• A written decision either granting or denying the interim order request.

– If granted, the decision will include all of the following:

■ The requirement for which the interim order applies.

■ The locations where the interim order applies.

■ What you must do as an alternative means of protecting employees.

■ The effective date of the interim order.

■ An expiration date for the interim order.

■ The requirement to post the decision.

– If denied, the decision will include:

■ A brief statement with reasons for the denial.

■ The requirement to post the decision.

Note:	• WISHA's decision to grant or deny an interim order request will not affect the decision on a permanent or temporary variance request.
	• WISHA may choose to issue an interim order in response to a variance request, even when the interim order wasn't specifically requested.
	• Interim orders are effective until they are revoked, or until the variance request is granted or denied.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 06-06-020, § 296-900-11010, filed 2/21/06, effective 6/1/06.]

RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. WSR 06-06-020, § 296-900-11010, filed 2/21/06, effective 6/1/06.

Rules

296-900-11025,